Hasten GC by virtue of long stay with no break ?

vas9742

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vas9742 Member

vas9742

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Self (H1-B & 140 approved), and family (H4s) have been loving in U.S for 7.6 years and have never exitted the country since we landed, and  dont plan to. We are on EB2 priority date 02-2013.

 

Is there anwyay or provision in the system that we can avail of given the continuous stay in U.S with zero gaps?

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rahul412 Advanced Member

rahul412

Posted
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Self (H1-B & 140 approved), and family (H4s) have been loving in U.S for 7.6 years and have never exitted the country since we landed, and  dont plan to. We are on EB2 priority date 02-2013.

 

Is there anwyay or provision in the system that we can avail of given the continuous stay in U.S with zero gaps?

There are millions of non immigrants living in US for more than 10 yrs continuously and waiting in the queue for GC.

So no, there is no provision. Just living in US will not make a person eligible for GC unless and until you are undocumented.

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cap-gap Advanced Member

cap-gap

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you may not need it, but for anybody facing a deportation there is a provision to file for GC for people with a continuous stay of 10 years, and when other stringent conditions are met..

 

look up Green Card Through Cancellation of Removal (Non-LPR)...

 

it's little bit strange about why there were no visits to home country and absolutely no plans in future..you need to have absolutely no violations of status since your last entry when you file 485..it is always a good idea just make a visit and reenter just before 485 is filed..to have a "clean slate"..were you always paid, not on bench, no lay-offs etc in the last seven years??

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JoeF Advanced Member

JoeF

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you may not need it, but for anybody facing a deportation there is a provision to file for GC for people with a continuous stay of 10 years, and when other stringent conditions are met..

 

look up Green Card Through Cancellation of Removal (Non-LPR)...

 

it's little bit strange about why there were no visits to home country and absolutely no plans in future..you need to have absolutely no violations of status since your last entry when you file 485..it is always a good idea just make a visit and reenter just before 485 is filed..to have a "clean slate"..were you always paid, not on bench, no lay-offs etc in the last seven years??

 

That "cancellation of removal" stuff has a limit of 4000 people/year. And there must be "exceptional and extremely unusual hardship" to US-citizen relatives...

 

As for no visits to the home country, I can think of a few situations, e.g., war in the home country, fear of persecution, etc. Such cases may qualify for asylum, so if the OP has such a situation, he should discuss his case with a good immigration lawyer.

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vas9742 Member

vas9742

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When I switched between L1-B to H1-B same employer (SEP-15th-2012 thru OCT-1-2012) same employer, the employer & attorney called and checked with USCIS and they said there was no need to step out of US so long as I was on vacation unpaid (no payroll).

So that was done, and it was after that I got my labor and 140 approved (2013).

That gap (for about 15 days) was also documented for USCIS in the 140 application.

Besides that (which was Oked by USCIS), I really had no reason to go and I have had no layoffs (not even 1) and everything is documented (for self and family).

Did you see that it is better I step out and step in before 485, is it an issue if I don’t?

I was really hoping the continuous stay will benefit me than the other way round.

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